CC 410356 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC 410356 RT
JOAN LUCAS,
D.R.O. DOCKET NO.: ZAJ-410572-R
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 7, 1988, the above named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
February 1, 1988, by the District Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York, concerning housing accommodations
known as Apartment 907, 155 West 68th Street, New York.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The applicable section of the law is Section 2521.2 of the Rent
Stabilization Code.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was commenced on October 27, 1986, by the
tenant's filing of a rent overcharge complaint.
In Docket Number ZAJ-410572-R issued February 1, 1988, the
District Rent Administrator terminated the proceeding based on
the fact that the tenant had previously filed an overcharge
complaint under Docket Number L-001434-R which was decided on
December 16, 1986.
In this petition, the tenant contends in substance that the
District Rent Administrator's order is incorrect and should be
reversed because every other tenant of the subject building
received a rent overcharge check, but she did not.
The owner did not file an answer to the tenant's petition.
The Commissioner is of the opinion that this petition should be
denied.
CC 410356 RT
In the order which is the subject of the instant appeal, the
Administrator relied on and was bound by the Administrator's
prior order issued on December 16, 1986 und r Docket Number L-
001434-R, which found that no overcharge had occurred. The
failure of the tenant to appeal that prior order in a timely
manner rendered final and binding the Administrator's
determination on the merits which cannot be subject to collateral
attack in this proceeding. Accordingly, the tenant's argument
will not be considered as it is barred by the principles of res
judicata and collateral estoppel.
Moreover, assuming arguendo that the tenant's petition could be
considered on the merits, the Commissioner finds that the tenant
has not been overcharged. The record indicates that the tenant
failed to file a timely objection to the initial apartment
registration, and that therefore, the registered rent of $440.00
became the initial legal regulated rent. The Commissioner notes
that at the time of her complaint, the tenant was still paying a
monthly rent of $440.00.
Thus no overcharge occurred.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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